• Law of desertion

Dear Sir
After the pandemic my business income went down and I stayed home to be safe with my wife on lockdown.This created lot of tension in a family where my wife refused to compromise with the situation.I had to issue an E pass and went back to my parents place without informing her .Have I broken any law?
Asked 5 years ago in Family Law
Religion: Hindu

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21 Answers

No you haven't. Desertion is a ground for divorce when a person abandons his/her spouse for a period of 3 uears or more for no reason at all.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The wife may ask any unreasonable amount but the court will only order an amount to be paid which you can pay.

In cases of mutual consent divorce too if you cannot pay then she may very well file for a contested divorce.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No worries. 

You haven't violated any law untill one year continuously staying away from your wife would matter for the desertion. 

If divorce by mutual consent and demand of wife is beyond affordable then contest the divorce petition before the Court on merit. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

No law is broken. If she asks anything unreasonable you can object to the same. Mutual divorce is a good remedy

Prashant Nayak
Advocate, Mumbai
34747 Answers
252 Consultations

You have not broken any law 

 

you were not compatible with your wife and so left to stay with your parents 

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

File for contested divorce if no mutual settlement is possible 

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

Unless and untill police has issued any challan there is no question about violation of law .

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

1. you haven't broken any law, however, its a trust issue,

2. if the amount of maintenance/alimony seems unaffordable, you can simply refuse, however, MCD is the best option to part away for the willing couple, 

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce future legal complications,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Dear sir,

No this does not amount to desertion as of now, but if you continue to stay away for 2 years or more it will become a ground for divorce for your wife. 

Also, you are legally bound to maintain your wife if she not earning sufficiently. So, if you are not giving/sending her money, she can file a case against under Domestic Violence Act for economic abuse and u/s 125 CrPC for claiming maintenance. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Reply to follow up question:

In case of mutual divorce, you have no other option but to negotiate. If the negotiation is not fruitful you or your wife can go for contested divorce and the court will order maintenance/alimony after looking into your financial position.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

One cannot ask a beyond limit maintenance and alimony. 

She have to prove your income for getting maintenance 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You have not broken any law.

Mutual divorce is possible, only when there is a consensus between you both on the quantum/amount of alimony/maintenance. 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1. See you have went to your parents place you have not broken any law, in case your wife file for divorce on this ground you may contest the same.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You have to deny for compromise or negotiate on the amount for the mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no restrictions for you to live separately away from your wife if she is nurturing or tormenting you over silly or trivial issues without understanding the situation.

But you should have given her monthly maintenance amount so that she did not face survival problem.

However she can approach court seeking monthly maintenance amount.

 

 

T Kalaiselvan
Advocate, Vellore
90290 Answers
2512 Consultations

If you plan for mutual consent divorce and she is demanding exorbitant amount beyond your ability then you can refuse it, let she seek them through process of law.

 

T Kalaiselvan
Advocate, Vellore
90290 Answers
2512 Consultations

- No , you have not broke any law after going to your parental home without informing her ,when you was in tension.

- Amicable settle the dispute with your wife , this is always happened between the husband and wife , and such grounds are also not sufficient for getting divorce. 

- However, if she is not interested to live with you in this sinking conditions , then you can take her consent for mutual divorce. 

- If she needs a mutual divorce , then she may not ask for maintenance , specially when she wants to be separated due to your bad conditions. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

no you have not broken. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

 If your wife is not willing to give you divorce on Mutual consent then you can file a petition for divorce if you have good grounds for the same

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. No you haven't broken any law.

2. For dissertion separation period is two years. 

3. Negotiations is the only option in case of mutual consent divorce.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

don't worry, send me complete case details.

adv roshan khatri

www.khatrilawhouse.org

 

Roshan Khatri
Advocate, LUCKNOW
138 Answers

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